State of Tennessee, Petitioner v. Billy Wayne Cabbage, Respondent

Summary

The Tennessee Supreme Court reinstated the respondent's conviction after concluding that the Court of Criminal Appeals improperly reweighed conflicting testimony and ordered a new trial. Applying the governing appellate standard, the court held that the State's evidence was sufficient because the jury could reject the alibi and reasonably credit the undercover agent's testimony. The court also explained that criminal courts may no longer order a retrial merely because the evidence preponderates against a conviction, although the conviction was reinstated here rather than set aside for insufficiency. Chief Justice Henry, dissenting, would have affirmed the Court of Criminal Appeals and dismissed the prosecution because the alibi evidence conclusively established that respondent was elsewhere.